Champa Lal Vs J.v.v.N.Ltd.and Ors.

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S.B. CIVIL MISC. APPEAL NO.2017/2012

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Champa Lal Vs. JVVNL & Ors.

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Date of Order ::4.2.2013

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. Manish Patel, for the appellant. Mr. Mahesh Joshi, for the respondents.

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This appeal arises out of order dated 15.9.2012 passed by the learned trial court whereby application filed under Order 39 Rule 1&2 CPC has been rejected.

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It is submitted by learned counsel for the appellant and not disputed by learned counsel for the respondents that before the trial court in the suit the evidence of both the parties is complete since 10.5.2011, when the defendants closed its evidence and matter is being adjourned for final arguments from time to time.

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When this appeal came up before this Court on 26.9.2012, notices were ordered to be issued to the respondents and in the meanwhile it was directed to maintain status quo with regard to the property in dispute.

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In the facts and circumstances of the case, when the evidence of the parties is already ever since 10.5.2011 and the matter is ripe for final hearing, it would be in the interest of justice that the learned trial court is directed to hear and decide the suit as expeditiously as possible preferably within a period of three months.

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In view of the fact that status quo has been ordered to be

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maintained, though ex-parte, it would also be in the interest of justice that the parties are directed to maintain status quo till the final decision of the suit. The above direction maintaining status quo should not be seen or regarded as any view of this Court on the merits of the controversy.

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In view of the above and with directions as aforesaid, the appeal stands disposed of.

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(ARUN BHANSALI), J.

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rm/-

Champa Lal v. J.v.v.N.Ltd.and Ors.

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Champa Lal v. J.v.v.N.Ltd.and Ors.

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